Weeks into a high profile debate over Bill C-10, the issue of discoverability of Canadian content has emerged as a policy tug of war between supporters that want the CRTC to intervene by mandating the discoverability of Canadian content on sites such as Youtube and Tiktok and critics that argue the approach would raise significant freedom of expression and net neutrality concerns. But what exactly is “discoverability” and how would it impact both users and the thousands of Canadian creators that have already found success on digital platforms?
Fenwick McKelvey is a communications professor at Concordia University who has written more about the discoverability and algorithmic media than anyone in Canada. He has regularly participated in CRTC hearings and was the co-author of a leading study on the issue commissioned by Canadian Heritage. He joins the Law Bytes podcast to talk about discoverability, his frustrations with its implementation in Bill C-10, and the potential consequences for Canadian creators.
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The Standing Committee on Canadian Heritage yesterday held a special hearing with experts to discuss Bill C-10 and concerns about the freedom of expression implications of regulating user generated content. I was pleased to appear before the committee and took questions from MPs from four of the five parties (only the Liberals did not ask me any questions). I have two posts on the appearance: this post features my opening statement and a second post links to a special edition of the Law Bytes podcast with the audio of my appearance.
The full text is posted below. There are at least three points emphasizing. First, no other country in the world uses broadcast regulation in this way, making Canada a true global outlier. Second, there is no evidence of a discoverability problem for user generated content. Third, the issue of excluding Youtube from the scope of the bill is open to considerable debate and was not even raised by CIMA in its written submission to the committee.
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With yesterday’s Standing Committee on Canadian Heritage meeting with experts on Bill C-10 and its implications for freedom of expression, this is a special Law Bytes episode featuring my opening statement and engagement with Members of Parliament. The discussion canvassed a wide range of issues including how regulating user generated content makes Canada an outlier worldwide, the impact on net neutrality, and why discoverability requirements constitute speech regulation. There is a second post that features my opening statement to the committee.
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This past week Bill C-10, Internet free speech, and the government’s digital policy agenda went mainstream as a lead topic in government, the media, and among many Canadians. This week’s Law Bytes podcast departs from the standard format as I explain why the bill has suddenly become a hot topic, how the government has been inconsistent and at times incoherent in its attempts to justify the bill, and why the concerns regarding freedom of speech and CRTC over-regulation are absolutely justified.
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The public debate on Bill C-10 recently took a dramatic turn after the government unexpectedly removed legal safeguards designed to ensure the CRTC would not regulate user generated content. The resulting backlash has left political columnists comparing Canada to China in censoring the Internet, opposition MPs launching petitions with promises to fight back against the bill, and Canadian Heritage Minister Steven Guilbeault struggling to coherently answer questions about his own bill.
Cara Zwibel is the Director of the Fundamental Freedoms Program at the Canadian Civil Liberties Association and one of Canada’s leading experts on freedom of expression. She joins the Law Bytes podcast to talk both about Bill C-10 and the free speech risks that may come from another bill that Guilbeault has been discussing that could include website blocking, a social media regulator, and mandated Internet takedowns.
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